Florida Senate - 2011 COMMITTEE AMENDMENT
Bill No. SB 234
Barcode 245176
LEGISLATIVE ACTION
Senate . House
Comm: RCS .
03/14/2011 .
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The Committee on Criminal Justice (Evers) recommended the
following:
1 Senate Substitute for Amendment (180224) (with title
2 amendment)
3
4 Delete everything after the enacting clause
5 and insert:
6 Section 1. Subsection (1) of section 790.053, Florida
7 Statutes, is amended to read:
8 790.053 Open carrying of weapons.—
9 (1) Except as otherwise provided by law and in subsection
10 (2), it is unlawful for any person to openly carry on or about
11 his or her person any firearm or electric weapon or device,
12 except as provided in s. 790.06(1). It shall not be a violation
13 of this section for a person who is licensed to carry a
14 concealed firearm, and who is lawfully carrying it in a
15 concealed manner, to accidentally or inadvertently display the
16 firearm to the ordinary sight of another person so long as the
17 firearm is not displayed in a rude, angry, or threatening
18 manner.
19 Section 2. Subsection (1), paragraph (h) of subsection (2),
20 paragraph (c) of subsection (5), and subsection (12) of section
21 790.06, Florida Statutes, are amended to read:
22 790.06 License to carry concealed weapon or firearm.—
23 (1) The Department of Agriculture and Consumer Services is
24 authorized to issue licenses to carry concealed weapons or
25 concealed firearms to persons qualified as provided in this
26 section. Each such license must bear a color photograph of the
27 licensee. For the purposes of this section, concealed weapons or
28 concealed firearms are defined as a handgun, electronic weapon
29 or device, tear gas gun, knife, or billie, but the term does not
30 include a machine gun as defined in s. 790.001(9). Such licenses
31 shall be valid throughout the state for a period of 7 years from
32 the date of issuance. Any person in compliance with the terms of
33 such license may carry a concealed weapon or concealed firearm
34 notwithstanding the provisions of s. 790.01, or may carry openly
35 as set forth in paragraphs (a) - (c) of this subsection,
36 notwithstanding s. 790.053. The licensee must carry the license,
37 together with valid identification, at all times in which the
38 licensee is in actual possession of a concealed weapon or
39 firearm and must display both the license and proper
40 identification upon demand by a law enforcement officer. A
41 violationViolations of the provisions of this subsection shall
42 constitute a noncriminal violation with a penalty of $25,
43 payable to the clerk of the court.
44 (a) Carrying openly requires that the firearm be secured by
45 the carrier in a Level 2 security holster.
46 (b) Carrying openly requires that the carrier display his
47 or her license to carry a concealed firearm in a clear sleeve on
48 or near the holster in such a manner as to be visible.
49 (c) Carrying openly requires the carrier to have
50 demonstrated competence with a firearm and firearm retention as
51 provided in paragraph (2)(h).
52 (2) The Department of Agriculture and Consumer Services
53 shall issue a license if the applicant:
54 (h) Demonstrates competence with a firearm and firearm
55 retention by any one of the following:
56 1. Completion of any hunter education or hunter safety
57 course approved by the Fish and Wildlife Conservation Commission
58 or a similar agency of another state;
59 2. Completion of any National Rifle Association firearms
60 safety or training course;
61 3. Completion of any firearms safety or training course or
62 class available to the general public offered by a law
63 enforcement, junior college, college, or private or public
64 institution or organization or firearms training school,
65 utilizing instructors certified by the National Rifle
66 Association, Criminal Justice Standards and Training Commission,
67 or the Department of Agriculture and Consumer Services;
68 4. Completion of any law enforcement firearms safety or
69 training course or class offered for security guards,
70 investigators, special deputies, or any division or subdivision
71 of law enforcement or security enforcement;
72 5. Presents evidence of equivalent experience with a
73 firearm through participation in organized shooting competition
74 or military service;
75 6. Is licensed or has been licensed to carry a firearm in
76 this state or a county or municipality of this state, unless
77 such license has been revoked for cause; or
78 7. Completion of any firearms training or safety course or
79 class conducted by a state-certified or National Rifle
80 Association certified firearms instructor;
81
82 A photocopy of a certificate of completion of any of the courses
83 or classes; or an affidavit from the instructor, school, club,
84 organization, or group that conducted or taught said course or
85 class attesting to the completion of the course or class by the
86 applicant; or a copy of any document which shows completion of
87 the course or class or evidences participation in firearms
88 competition shall constitute evidence of qualification under
89 this paragraph; any person who conducts a course pursuant to
90 subparagraph 2., subparagraph 3., or subparagraph 7., or who, as
91 an instructor, attests to the completion of such courses, must
92 maintain records certifying that he or she observed the student
93 safely handle and discharge the firearm;
94 (5) The applicant shall submit to the Department of
95 Agriculture and Consumer Services:
96 (c) A full set of fingerprints of the applicant
97 administered by a law enforcement agency or the Division of
98 Licensing of the Department of Agriculture and Consumer
99 Services.
100 (12)(a)ANo license issued underpursuant to this section
101 does notshall authorize any person to carry a concealed weapon
102 or firearm into:
103 1. Any place of nuisance as defined in s. 823.05;
104 2. Any police, sheriff, or highway patrol station;
105 3. Any detention facility, prison, or jail;
106 4. Any courthouse;
107 5. Any courtroom, except that nothing in this section would
108 preclude a judge from carrying a concealed weapon or determining
109 who will carry a concealed weapon in his or her courtroom;
110 6. Any polling place;
111 7. Any meeting of the governing body of a county, public
112 school district, municipality, or special district;
113 8. Any meeting of the Legislature or a committee thereof;
114 9. Any school, college, or professional athletic event not
115 related to firearms;
116 10. Any public elementary or secondary school facility or
117 administration building;
118 11. Any portion of an establishment licensed to dispense
119 alcoholic beverages for consumption on the premises, which
120 portion of the establishment is primarily devoted to such
121 purpose; any elementary or secondary school facility; any career
122 center; any college or university facility unless the licensee
123 is a registered student, employee, or faculty member of such
124 college or university and the weapon is a stun gun or nonlethal
125 electric weapon or device designed solely for defensive purposes
126 and the weapon does not fire a dart or projectile;
127 12.The inside of the passenger terminal and sterile area
128 of any airport, provided that no person shall be prohibited from
129 carrying any legal firearm into the terminal, which firearm is
130 encased for shipment for purposes of checking such firearm as
131 baggage to be lawfully transported on any aircraft; or
132 13. Any place where the carrying of firearms is prohibited
133 by federal law.
134 (b) A person licensed under this section shall not be
135 prohibited from carrying or storing a firearm in a vehicle for
136 lawful purposes.
137 (c) This subsection does not modify the terms or conditions
138 of s. 790.251(7).
139 (d) Any person who knowingly and willfully violates any
140 provision of this subsection commits a misdemeanor of the second
141 degree, punishable as provided in s. 775.082 or s. 775.083.
142 Section 3. Section 790.115, Florida Statutes, is amended to
143 read:
144 790.115 Possessing or discharging weapons or firearms at a
145 school-sponsored event or on school property prohibited;
146 penalties; exceptions.—
147 (1) A person who exhibits any sword, sword cane, firearm,
148 electric weapon or device, destructive device, or other weapon
149 as defined in s. 790.001(13), including a razor blade, box
150 cutter, or common pocketknife, except as authorized in support
151 of school-sanctioned activities, in the presence of one or more
152 persons in a rude, careless, angry, or threatening manner and
153 not in lawful self-defense, at a school-sponsored event or on
154 the grounds or facilities of any public school, school bus, or
155 school bus stop, or within 1,000 feet of the real property that
156 comprises a public or private elementary school, middle school,
157 or secondary school, during school hours or during the time of a
158 sanctioned school activity, commits a felony of the third
159 degree, punishable as provided in s. 775.082, s. 775.083, or s.
160 775.084. This subsection does not apply to the exhibition of a
161 firearm or weapon on private real property within 1,000 feet of
162 a school by the owner of such property or by a person whose
163 presence on such property has been authorized, licensed, or
164 invited by the owner.
165 (2)(a) A person mayshall not possess any firearm, electric
166 weapon or device, destructive device, or other weapon as defined
167 in s. 790.001(13), including a razor blade or box cutter, except
168 as authorized in support of school-sanctioned activities, at a
169 school-sponsored event or on the property of any public school,
170 school bus, or school bus stop; however, a person may carry a
171 firearm:
172 1. In a case to a firearms program, class, or function that
173 which has been approved in advance by the principal or chief
174 administrative officer of the school as a program or class to
175 which firearms could be carried;
176 2. In a case to a career center having a firearms training
177 range; or
178 3. In a vehicle pursuant to s. 790.25(5); except that
179 school districts may adopt written and published policies that
180 waive the exception in this subparagraph for purposes of student
181 and campus parking privileges.
182
183 For the purposes of this section, the term “school” means any
184 public preschool, elementary school, middle school, junior high
185 school, or secondary school, career center, or postsecondary
186 school,whether public or nonpublic.
187 (b) A person who willfully and knowingly possesses any
188 electric weapon or device, destructive device, or other weapon
189 as defined in s. 790.001(13), including a razor blade or box
190 cutter, except as authorized in support of school-sanctioned
191 activities, in violation of this subsection commits a felony of
192 the third degree, punishable as provided in s. 775.082, s.
193 775.083, or s. 775.084.
194 (c)1. A person who willfully and knowingly possesses any
195 firearm in violation of this subsection commits a felony of the
196 third degree, punishable as provided in s. 775.082, s. 775.083,
197 or s. 775.084.
198 2. A person who stores or leaves a loaded firearm within
199 the reach or easy access of a minor who obtains the firearm and
200 commits a violation of subparagraph 1. commits a misdemeanor of
201 the second degree, punishable as provided in s. 775.082 or s.
202 775.083; except that this does not apply if the firearm was
203 stored or left in a securely locked box or container or in a
204 location which a reasonable person would have believed to be
205 secure, or was securely locked with a firearm-mounted push
206 button combination lock or a trigger lock; if the minor obtains
207 the firearm as a result of an unlawful entry by any person; or
208 to members of the Armed Forces, National Guard, or State
209 Militia, or to police or other law enforcement officers, with
210 respect to firearm possession by a minor which occurs during or
211 incidental to the performance of their official duties.
212 (d) A person who discharges any weapon or firearm while in
213 violation of paragraph (a), unless discharged for lawful defense
214 of himself or herself or another or for a lawful purpose,
215 commits a felony of the second degree, punishable as provided in
216 s. 775.082, s. 775.083, or s. 775.084.
217 (e) The penalties of this subsection doshall not apply to
218 persons licensed under s. 790.06. Persons licensed under s.
219 790.06 shall be punished as provided in s. 790.06(12), except
220 that a licenseholder who unlawfully discharges a weapon or
221 firearm on school property as prohibited by this subsection
222 commits a felony of the second degree, punishable as provided in
223 s. 775.082, s. 775.083, or s. 775.084.
224 (3) This section does not apply to any law enforcement
225 officer as defined in s. 943.10(1), (2), (3), (4), (6), (7),
226 (8), (9), or (14).
227 (4) Notwithstanding s. 985.24, s. 985.245, or s. 985.25(1),
228 any minor under 18 years of age who is charged under this
229 section with possessing or discharging a firearm on school
230 property shall be detained in secure detention, unless the state
231 attorney authorizes the release of the minor, and shall be given
232 a probable cause hearing within 24 hours after being taken into
233 custody. At the hearing, the court may order that the minor
234 continue to be held in secure detention for a period of 21 days,
235 during which time the minor shall receive medical, psychiatric,
236 psychological, or substance abuse examinations pursuant to s.
237 985.18, and a written report shall be completed.
238 Section 4. Section 790.28, Florida Statutes, is repealed.
239 Section 5. Subsection (1) of section 790.065, Florida
240 Statutes, is amended to read:
241 790.065 Sale and delivery of firearms.—
242 (1)(a) A licensed importer, licensed manufacturer, or
243 licensed dealer may not sell or deliver from her or his
244 inventory at her or his licensed premises any firearm to another
245 person, other than a licensed importer, licensed manufacturer,
246 licensed dealer, or licensed collector, until she or he has:
247 1.(a) Obtained a completed form from the potential buyer or
248 transferee, which form shall have been promulgated by the
249 Department of Law Enforcement and provided by the licensed
250 importer, licensed manufacturer, or licensed dealer, which shall
251 include the name, date of birth, gender, race, and social
252 security number or other identification number of such potential
253 buyer or transferee and has inspected proper identification
254 including an identification containing a photograph of the
255 potential buyer or transferee.
256 2.(b) Collected a fee from the potential buyer for
257 processing the criminal history check of the potential buyer.
258 The fee shall be established by the Department of Law
259 Enforcement and may not exceed $8 per transaction. The
260 Department of Law Enforcement may reduce, or suspend collection
261 of, the fee to reflect payment received from the Federal
262 Government applied to the cost of maintaining the criminal
263 history check system established by this section as a means of
264 facilitating or supplementing the National Instant Criminal
265 Background Check System. The Department of Law Enforcement
266 shall, by rule, establish procedures for the fees to be
267 transmitted by the licensee to the Department of Law
268 Enforcement. All such fees shall be deposited into the
269 Department of Law Enforcement Operating Trust Fund, but shall be
270 segregated from all other funds deposited into such trust fund
271 and must be accounted for separately. Such segregated funds must
272 not be used for any purpose other than the operation of the
273 criminal history checks required by this section. The Department
274 of Law Enforcement, each year prior to February 1, shall make a
275 full accounting of all receipts and expenditures of such funds
276 to the President of the Senate, the Speaker of the House of
277 Representatives, the majority and minority leaders of each house
278 of the Legislature, and the chairs of the appropriations
279 committees of each house of the Legislature. In the event that
280 the cumulative amount of funds collected exceeds the cumulative
281 amount of expenditures by more than $2.5 million, excess funds
282 may be used for the purpose of purchasing soft body armor for
283 law enforcement officers.
284 3.(c) Requested, by means of a toll-free telephone call,
285 the Department of Law Enforcement to conduct a check of the
286 information as reported and reflected in the Florida Crime
287 Information Center and National Crime Information Center systems
288 as of the date of the request.
289 4.(d) Received a unique approval number for that inquiry
290 from the Department of Law Enforcement, and recorded the date
291 and such number on the consent form.
292 (b) However, if the person purchasing, or receiving
293 delivery of, the firearm is a holder of a valid concealed
294 weapons or firearms license pursuant to the provisions of s.
295 790.06 or holds an active certification from the Criminal
296 Justice Standards and Training Commission as a “law enforcement
297 officer,” a “correctional officer,” or a “correctional probation
298 officer” as defined in s. 943.10(1), (2), (3), (6), (7), (8), or
299 (9), the provisions of this subsection doesdo not apply.
300 (c) This subsection does not apply to the purchase, trade,
301 or transfer of rifles or shotguns by a resident of this state
302 when the resident makes such purchase, trade, or transfer from a
303 licensed importer, licensed manufacturer, or licensed dealer in
304 another state.
305 Section 6. This act shall take effect upon becoming a law.
306
307 ================= T I T L E A M E N D M E N T ================
308 And the title is amended as follows:
309 Delete everything before the enacting clause
310 and insert:
311 A bill to be entitled
312 An act relating to firearms; amending s. 790.053,
313 F.S.; providing that person in compliance with the
314 terms of a concealed carry license is not in violation
315 of s. 790.053(1), F.S. when the concealed firearm is
316 accidentally or inadvertently displayed to the
317 ordinary sight of another person; amending s. 790.06,
318 F.S.; providing that a person in compliance with the
319 terms of a concealed carry license may carry openly
320 notwithstanding specified provisions; providing for
321 compliance to certain requirements in order to
322 lawfully carry a firearm openly; allowing the Division
323 of Licensing of the Department of Agriculture and
324 Consumer Services to take fingerprints from concealed
325 carry license applicants; limiting a prohibition on
326 carrying a concealed weapon or firearm into an
327 elementary or secondary school facility, career
328 center, or college or university facility to include
329 only a public elementary or secondary school facility
330 or administration building; providing that concealed
331 carry licensees shall not be prohibited from carrying
332 or storing a firearm in a vehicle for lawful purposes;
333 amending s. 790.115, F.S., relating to the prohibition
334 against possessing or discharging weapons or firearms
335 at a school-sponsored event or on school property;
336 revising the definition of the term “school”;
337 repealing s. 790.28, F.S., relating to the purchase of
338 rifles and shotguns in contiguous states; amending s.
339 790.065, F.S.; providing that specified provisions do
340 not apply to certain firearms transactions by a
341 resident of this state which take place in another
342 state; providing an effective date.